By: Patterson H.B. No. 896
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting use of social media platforms by children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 120, Business & Commerce Code, is
amended by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. USER AGE LIMITATION
Sec. 120.111. USE BY CHILDREN PROHIBITED. (a) An
individual between 13 and 18 years of age may not use a social media
platform.
(b) Upon amendment to the definition of "child" under the
Children's Online Privacy Protection Act, 15 U.S.C. ยงยง 6501 - 6506,
this Subchapter shall apply to any person younger than 18 years of
age.
Sec. 120.112. ACCOUNT AND VERIFICATION REQUIREMENTS. (a)
A social media platform shall:
(1) require the social media platform 's users to use
an account to access the social media platform; and
(2) verify that each account is held by an individual
who is at least 18 years of age.
(b) A social media platform shall verify the age of the
account holder by requiring the account holder to provide a copy of
the account holder's driver's license along with a second photo
showing both the account holder and the driver's license in a manner
that allows the social media company to verify the identity of the
account holder.
(c) Any personal information provided under subsection (b)
may only be used for age verification purposes, and the social media
company must delete personal information immediately upon
completion of the age verification process.
Sec. 120.113. REQUIRED REMOVAL OF ACCOUNT. (a) Not later
than 10 days after receiving a request from a parent, a social media
company shall delete the account of the parent's child and cease the
further use or maintenance in retrievable form, or future online
collection, of personal information collected from the child's
account, on all of its platforms.
(b) A social media company must provide a reasonable,
accessible, and verifiable means by which a parent can make a
request under subsection (a).
Sec. 120.114. ENFORCEMENT. (a) A social media company
commits a violation of this Subchapter if it knowingly:
(1) allows a child to use its platform;
(2) uses or retains personal information provided in
violation of Section 120.112(c); or
(3) Fails to remove an account as required by Section
120.113.
(b) A violation of this Subchapter shall be considered a
deceptive trade practice under Chapter 17, Business and Commerce
Code, and subject to action by the consumer protection division
under Sections 17.47, 17.58, 17.60, and 17.61, Business and
Commerce Code.
SECTION 2. Subchapter C-1, Chapter 120, Business & Commerce
Code, as added by this Act, applies only to access to a social media
platform on or after January 1, 2024.
SECTION 3. This Act takes effect September 1, 2023.